Wondering how to probate a will in Georgia?
This article will go over everything related to:
Let’s dig in.
Let’s cover some basics of probating a will under Georgia’s probate laws.
Probate is the legal process your estate goes through when you die.
Probate is a court-supervised process that:
If you have a last will and testament or trust, you can clearly define your wishes for your estate.
But if you don’t have one, it’s up to the probate courts to determine how to settle your estate.
You have 5 years to probate a will in Georgia.
You have 18 months to file for probate after someone dies.
Georgia law states that you have to file for probate in a “reasonable amount of time.”
The “5 years to probate a will” is AFTER you have filed for probate.
Let’s talk about how to probate a will in Georgia.
Probate assets are assets that do not have:
These are assets that have to go through probate in Georgia.
An estate’s assets include things like:
Personal property is going to be things like:
Our estate planning attorneys can help you determine how to split these assets in your will.
And we can create Georgia trusts to allow assets to avoid probate.
Let’s talk about how to probate a will in Georgia without an attorney.
Assets that are exempt from probate in Georgia include:
The steps to probate a will in Georgia without an attorney are:
The probate process in Georgia is:
Solemn form probate requires the executor to notify beneficiaries and creditors.
Solemn form probate happens if the will’s validity needs to get proven to the probate courts.
If there is not a self-proving affidavit, you have to file “Interrogatories to Witness to Will.”
These have to get filled out by the persons who witnessed the signing of the will.
Common form probate does not require notifications.
Common form probate can happen if you have a self-proving will.
These wills have self-proving affidavits with them.
Meaning the testator had the will notarized for the probate proceedings.
These are some of the questions we get from families probating a will in Georgia.
Do you have to probate a will in Georgia?
Yes, you have to probate a will in Georgia under Georgia laws.
If you don’t you are breaking the law and could get fined and jail time.
If you don’t probate a will in Georgia, your estate will get distributed per intestate laws.
Meaning your estate will go to your living relatives.
If you have no relatives, then the estate will go to the state of Georgia.
With careful estate planning, you can settle an estate without probate in Georgia.
You do this with trusts, charitable giving, and beneficiary designations.
Reach out to our law firms’ probate attorneys for help with this.
To probate an estate without a will in Georiga, file a Petition for Letters of Administration.
This tells the courts they need to appoint an estate administrator in the state of Georgia.
They will give the administrator letters of testamentary for the deceased person’s assets.
The personal representative will:
If a will is not probated, the courts can:
If a will is not probated, the executor could face criminal and civil charges.
And the beneficiaries can sue them for the assets they were supposed to inherit.
If your estate is worth more than $10,000, it has to go through probate in Georgia.
You can file a small estate affidavit if it’s less than $10,000.
This allows you to have a simplified probate process in Georgia.
If you die without a will in Georgia, property gets transferred to loved ones via intestate laws.
If there are no family members, the remaining assets will go to the state of Georgia.
No, trusts do not go through the probate process in Georgia.
Property in a living trust does not go through probate either.
Property inside of a living trust has named beneficiaries.
And it avoids probate because of this.
Spouses and minor children can petition the court for year’s support.
Year’s support gives loved ones money before the estate pays debts and creditors.
Year’s support needs to get filed by the probate lawyer or surviving spouse.
A year’s support is financial support for 12 months of expenses for the family.
If you want the best probate attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose assets to creditors.
We also make sure that the probate process is smooth and fair.
This means you don’t get raked over the coals financially.
After you fill out the form below, we will set up your free consultation.